What to do if the employer does not want to pay the salary by the agreed-upon date in the month specified in the employment contract. Unpaid salary can be pursued through legal means. If your employer has not provided you with a payroll statement, you should file a lawsuit seeking payment of the salary. If your employer has given you a statement for the unpaid salary, as mentioned earlier, it constitutes a credible document. In this case, you should file a proposal for enforcement based on a credible document with the court to expedite the process.
The subject of such disputes is usually the plaintiff’s demand for payment of unpaid wages, meal and transportation allowances, and payment of contributions for pension and disability insurance during the period of employment with the defendant.
When deciding on the filed claim, the court evaluates the provisions of Article 75, paragraph 1 of the Labor Law of the Federation of Bosnia and Herzegovina (“Official Gazette F BiH,” No. 26/16 and 89/18), which prescribes that the worker’s salary is determined by the Collective agreement, work regulations, and Employment contract. Paragraph 2 of the mentioned article specifies that the salary for performed work and time spent at work consists of the base salary, part of the salary for work performance, and increased salary from Article 76 of this law in accordance with the collective agreement, work regulations, and employment contract. Paragraph 3 states that the elements for determining the base salary and part of the salary for work performance are determined by the collective agreement and work regulations.
In such disputes, the defendant is obliged to pay the contributions for pension and disability insurance calculated on the awarded amounts of salary to the plaintiff, in accordance with the expert’s calculation and based on the provisions of Article 101, paragraph 2 of the Pension Insurance Act or Article 94 of the Pension and Disability Insurance Act and Articles 5 and 11 of the Contributions Act, taking into account the nature and character of contributions as accessory rights that belong to the worker in addition to the right to salary.
In the case where this office successfully represented the plaintiffs in a litigation process (Case No. 65 0 Rs 937199 22 Rs) regarding the payment of claims arising from employment – salary and other compensations, the Municipal Court in Sarajevo on November 8, 2023, issued a judgment obliging the defendant to pay a total of 90,000.00 KM to the plaintiffs and ordered him to reimburse the plaintiffs for the litigation costs in the amount of 5,136.05 KM.
Similarly, in another case where this Office successfully represented the plaintiffs in a litigation process (Case No. 65 0 Rs 950393 23 Rs 2) regarding the payment of claims arising from employment – salary and other compensations, the Municipal Court in Sarajevo on November 6, 2023, issued a judgment obliging the defendant to pay a total of 85,417.33 KM to the plaintiffs and ordered him to reimburse the plaintiffs for the litigation costs in the amount of 4,812.07 KM.
If you need advice on the topic of payment of claims arising from employment in Bosnia and Herzegovina, whether as an individual, company, shareholder, director, or founder, or if you need a Corporate lawyer for your company or business idea, then you are in the right place with us. You can contact our corporate lawyers directly via phone (+387 62 342 463), WhatsApp, Viber, or email (rasid@haracic.ba).
